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Showing contexts for: Structural defects in C.S. Narasimha Rao vs P. Lakshmikutty Warrasiar & Ors. on 19 October, 2011Matching Fragments
16. Though, formal agreement of tenancy between the appellants was executed on 6.02.2001 yet we cannot overlook the fact that husband of appellant (Smt.) Savita Prem was running the restaurant in partnership of another person, as stated by the landlord, i.e., another appellant (Sh.) C.S. Narasimha Rao since long. Obviously, she cannot be heard of saying that due to short span of tenancy period the maintenance of restaurant could not be verified by her. Licence for running the restaurant was obtained in 1988 1989 and was renewed till before 2000 by the two partners one being husband of (Smt.) Savita Prem. What appears from the record is that the partners fell out and, therefore, in the first week of Feb. 2001, the tenancy agreement was entered into in the name of wife of one of the proprietor, i.e., (Smt.) Savita Prem. Hence, knowledge could be attributed to her about the structural defects, improper and unauthorised changes in the premises and likelihood of the untoward incident which ultimately occurred in the evening of 13.02.2001.